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Market:Northern California Cell Site Number:CNU0413 Search Ring Name:Livermore Cell Site Name:Livermore(CA) Fixed Asset Number:10087959 to execute this Lease Agreement. Each party agrees that they have completely read and understood the Lease Agreement, know the contents thereof, and have signed the Lease of their own free will and free of any duress. No single party has drafted this Lease Agreement and it shall not be interpreted against any party as the drafting party. (g) Performance Excused. The Parties shall be excused from performance, as hereunder agreed to, if such performance is rendered impossible, impractical, or unreasonably difficult by, but not limited to, any strike, lockout, labor disturbance of any kind, civil commotion, war, acts of terrorism, shortage of any supply or labor, shortage of water, weather, Act of government authority, enactment or change in laws or regulations, breakdown of facilities or any cause outside of the Parties' control. (h) Jlntentionally omitted' (i) Captions. The captions of this Lease Agreement shall have no effect on its interpretation. Q) Singular and Plural. When required by the context of this Lease Agreement, the singular shall include the plural. (k) Joint and Several Obligations. "Party' or "Parties," unless otherwise stated, shall mean the Cities and Lessee. (I) Memorandum of Lease. City agrees upon request to execute a memorandum or "short form" of this Lease Agreement, or abstract of lease, for the purpose of recording, substantially in the form of Attachment "0" attached hereto. (m) Waiver. A term or condition of this Lease Agreement may be waived at any time by the party entitled to the benefit thereof, but no such waiver shall affect the right of the waiving party to require observance, performance or satisfaction either of that term or condition as it applies on a subsequent occasion or of any other term or condition. Lessee shall not be excused from complying with any of the terms and conditions of this Lease Agreement by any failure of the City upon any one or more occasions to insist upon or to seek compliance with any such terms and conditions. (n) Attachments. All attachments referred to in and attached to this Lease Agreement are incorporated by reference as though set forth in full. (o) Attorney's Fees and Costs. If any party commences an action against another party to enforce this Lease Agreement, the prevailing party is entitled to reasonable attorney's fees, costs of suit, investigation costs and discovery costs, including costs of appeal. (p) Mutual Release and Discharge of Parties Under Original Lease. Upon the Effective Date, the Parties hereby confirm and agree that the Original Lease is terminated and the obligations of the Parties, and each of them thereunder is conclusively deemed to have been fully performed. The Parties are each hereby fully released and discharged from any further obligations or liabilities arising from or related to the Original Lease. Lease for Installation of Telecommunications Equipment-Final Page 18